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Terms of Use
Except as otherwise provided in a written agreement signed by
About-Vista, Inc., these Terms of Use represent the entire
understanding between you and About-Vista™ and its affiliates
(collectively, "About-Vista") regarding your use of
www.About-Vista.com (the "Site") and your submission of any
materials to us. About-Vista is providing you access to the Site
subject to these Terms of Use and the www.About-Vista.com Privacy
Policy. By accessing the Site, you signify your acceptance of these
Terms of Use and your acceptance of the Privacy Policy.
About-Vista reserves the right, at any time, to modify, alter,
update, or remove portions of these Terms of Use or the Privacy
Policy, so please check them from time to time as your continued use
of the Site signifies your acceptance of any changed terms. If you
are dissatisfied with these Terms of Use or the Privacy Policy, your
sole and exclusive remedy is to discontinue your use of the Site.
Disclaimer
About-Vista PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS.
About-Vista MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO:
(1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT,
MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY
APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE
SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, About-Vista
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT
LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE
INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND
ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT
LIMITING THE FOREGOING, About-Vista DOES NOT WARRANT THAT THE SITE
OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. About-Vista DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR
THE SERVICES DESCRIBED THEREIN.
Limitation of Liability
IN NO EVENT SHALL About-Vista BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA,
ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR
MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY
APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE
SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF About-Vista IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. About-Vista’S
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED
TO A MAXIMUM OF $100.
Links
The Site may contain links to other Web sites on the Internet that
are owned and operated by someone other than About-Vista.
About-Vista provides these links solely as a convenience. The
appearance of a link does not imply About-Vista’s endorsement, nor
is About-Vista responsible for the content of any linked site. You
access linked sites at your own risk.
Eligibility
You must be 18 years or older to use the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances,
and regulations regarding your use of the Site and your use of the
services described therein.
Submissions
About-Vista accepts personal information for use in compiling
About-Vista mailing lists through the Site. However, we do not want
and cannot accept any requests, proposals, business plans,
applications, ideas, suggestions or other materials that you
consider to be confidential or proprietary.
All requests, proposals, business plans, applications, ideas,
suggestions, comments, feedback, and other materials disclosed,
submitted, or offered to About-Vista, using the Site or otherwise,
(collectively, "Submissions") are not confidential and will become
and remain the property of About-Vista. You agree that About-Vista
shall be entitled to use, display, publish, reproduce, modify,
transmit, sublicense, translate, create derivative works from, and
distribute Submissions in any medium and through any method of
distribution, transmission or display for any purpose whatsoever,
commercial or otherwise, without compensation to you or anyone else.
Posts
All submissions made to the About-Vista forums, using the Site or
otherwise, (collectively, "Posts") are not confidential and will
become and remain the property of About-Vista. You agree that
About-Vista shall be entitled to use, display, publish, reproduce,
modify, transmit, sublicense, translate, create derivative works
from, and distribute Submissions in any medium and through any
method of distribution, transmission or display for any purpose
whatsoever, commercial or otherwise, without compensation to you or
anyone else.
General Proprietary Rights
The Site is owned by About-Vista and contains material that is
derived in whole or in part from About-Vista and other sources. The
Site and its contents are protected by international copyright,
trademark, and other intellectual property laws. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute in
any way any material from the Site, including without limitation
code or software, without About-Vista’s express written permission.
Copyright
All site design, text, code, graphics, and interfaces, and the
selection and arrangements thereof, on the Site are the property of
About-Vista, or their content suppliers, and are protected by U.S.
and other international copyright laws, © 2003-2005, About-Vista ALL
RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any
photograph, illustration, artwork, or other information or materials
on the Site must be obtained from the copyright owner, regardless of
the intended use. Any unauthorized use of the materials appearing on
the Site is in violation of copyright, trademark, and other
applicable laws and could result in criminal or civil penalties.
Trademarks
"About-Vista” and “About-Vista” and all logos associated with such
terms are trademarks of About-Vista and/or its affiliates. They may
not be used in connection with any product or service other than
those services offered by About-Vista or its affiliates, in any
manner that is likely to cause confusion, or in any manner that
disparages or discredits About-Vista or its affiliates. All other
trademarks are the property of their respective owners.
Notice of Potential Infringement
To notify About-Vista of any suspected infringement, please contact
us at admin@About-Vista.com
Applicable Law
About-Vista operates the Site from Seattle, Washington, United
States of America. The laws applicable to the interpretation of
these Terms of Use shall be the laws of the State of Washington
without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or
relating to these Terms of Use, the Site, and/or the services
described therein shall be filed exclusively in the state or federal
courts of King County, Seattle, Washington, USA, and you hereby
consent and submit to the exclusive jurisdiction and venue of such
courts. No action arising under or relating to these Terms of Use
may be brought by either party more than one year after the cause of
action has accrued.
Termination
These Terms of Use shall remain in force until terminated by
About-Vista. About-Vista may terminate the Terms of Use, or suspend
your access to all or part of the Site, without notice, for any
conduct that About-Vista, in its sole discretion, believe is
disruptive or is in violation of any applicable law or these Terms
of Use. In the event of any such termination, the provisions
regarding disclaimers, limitations of liabilities, Submissions,
intellectual property rights, choice of law, and venue set forth in
these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
Last Updated: April 5, 2004
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